FEBRUARY 25th, 2006

THE CONSTITUTION PROTECTS THEM ALSO !!
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LAW AND POLITICS BY LLOYD NOEL

The Constitution that was handed to us by England in 1974, and which signalled the beginning of our Independence thirty-two years ago - makes provision for upholding the dignity of human values, because we, as a people, affirmed that we believed that all men/women are endowed by the Creator with equal and inalienable rights, reason, and conscience. The same Constitution also provides for the protection in Grenada of fundamental rights and freedoms, because we respect the rule of law, and must all be subject to the protection of the law.

The fact that any number of persons among us, have committed Criminal Offences, and have been charged, tried, and convicted for those offences - and have been sentenced to serve time in Prison as punishment for their wrong-doing - that does not mean they cease to be members of the Society and thus all their rights are forfeited. Against that backdrop, an SRO (Statutory Rules and Order) was published in the Government Gazette of the 2nd February, 2006, to take effect from the said date.

That SRO No. 9 purported to amend the Prison Rules, and was entitled "Prison (Amendment) Rules 2006", and was signed by "Keith Mitchell - as the Minister responsible for Prisons". The Amendment simply said ..... "Rules 303, 304, 305 and 306 of the Prisons Rules Cap. 254 are hereby repealed", and the commencement date was stated as 2nd February, 2006. I did not see the said Gazette until Monday 13th February, and in a Radio programme on Tuesday 14th February on WE FM, I commented on the said Amendment as being prejudicially motivated against the Grenada Seventeen at Richmond Hill Prison, on the one hand, and grossly unfair and unreasonable, and a serious denial of the Constitutional rights and freedoms of the entire Prison population of over Three Hundred persons, on the other hand.

On Wednesday 15th February my friend and colleague, outspoken Anselm Clouden held a Press Conference - and he too criticised the Prison Rules Amendment by the Minister responsible for Prisons. Then on Thursday night GBN News I heard the end of a news release, in which Mr. Hugh Wildman was saying something about the fuss over the Prison Rules Amendment was much ado about nothing. He seemed to be also saying that the said Amendment was itself also repealed by the Minister - I did not hear the reason for the abrupt turn-around.

No reasons were given for the quite unexpected initial Amendment of the said Rules - but I got the impression from Mr. Wildman's statement, that the original reasons had been satisfied hence the abrupt repeal of the initial Amendment. As a very senior and experienced Lawyer pointed out to me, the day after Mr. Wildman's explanation, it is a great pity that the Prime Minister is served by the obviously low standard of advice he receives from the Advisors he has around him.

I have not as yet seen the second repeal, to discover if there is a reason for its just as abrupt publication - but whatever it maybe, at least some measure of common sense and belatedly justifiable reasoning did prevail, and that is a good sign. So many times in these little Isles of ours, actions are taken and decisions made by those in Authority - that affect people's lives and their welfare, as well as the image and well-being of our country.

As those who act and decide look back at their rationale for so doing, as well as the responses and reaction of those they are responsible for serving and satisfying - they can surely judge better whether or not their actions and decisions were justified in all the prevailing circumstances. And if, instead of putting up the usually very spontaneous defences, to every means of complaint or criticism, they stop and reflect on the actions taken or decisions made, as in the Prison Rules Amendment situation, we could truly begin to cultivate a climate of reason and understanding - that will surely serve us all so very well for the uncertain times that lay ahead.

Because make no mistake about it - as the times get harder and the pressure rises on all fronts, people will respond and react in unusual ways, and the powers-that-be will be pushed into taking drastic measures to curb or curtail certain reactions, and mistakes will be made that can prove to be very detrimental to us as a people.

In the same context of wise public relations, for the good and welfare of the people as a whole - is the whole concept of sharing and explaining, up front and in an honest and straight forward manner. If all you start off doing is brambling, and making excuses, and putting up smokescreens when none is required, and generally trying to paint pictures with water paint when rain is falling - then you would have to keep on doing all the above while getting nowhere very fast.

Take the same Prison Rules fiasco, that obviously had a sinister motive embedded therein - hence the embarrassment. The crime situation is getting much worse with every other brutal killing. Many people in the know are saying, that the type of crimes and the methods being used are not of the usual pattern in these Isles. In the southern part of Grenada, where our tourists and the U.S. Medical Students are based - the bravery and the openly arrogant manner of those accosting and robbing our visitors, are becoming more alarming every day.

So if those in authority had said, that they wanted to send a stronger and more drastic message to potential criminals - by amending the said Prison Rules to take away the Remission, or reduce it to let a year be a calendar year or ten months or so, from the 2nd February for certain types of crimes - then not many, if any, persons would have put up any resistance.

Because I am again sounding the warning bells - especially as we have yet another short breathing space, before (CSM) Caribbean Single Market and its (partially for the time been) freedom of movement of people take root. We can see and read about what is happening in Trinidad and Jamaica - as far as violent crimes are concerned, and how hopeless the situation appears now, because those in control never took the bull by the horns at the appropriate time and turn it around - so the old adage should not be frowned upon, which said .... "when your neighbour's house is on fire, start wetting yours before it becomes too late".

On another front, which is already very hot todate, but is destined as night follows day to become hotter with the passing months - is the whole question concerning the preparedness, as well as the economic wisdom of those in authority, for the planned 2007 Cricket World Cup in the Caribbean. Since early last year, a Mr. Hosein from Trinidad and Tobago wrote some very fact-filled articles of what exactly were needed to make the World Cup in the Caribbean a reality. I took serious notes of the matters he raised and commented on them. The way the picture is unfolding now-a-days, someone who was not familiar with the history and happenings surrounding the World Cup event, would mistakenly believe that the problems and concerns now raising their ugly heads only cropped up in 2006.

That is so very wrong and so misleading, it borders on criminal perjury. We all know, from many years of vast experience, how our Caribbean Politicians behave generally - so that when they tell you to stand up, you get up from wherever and run like hell; and when you see a promised road, or Hotel, or Airport extension, or any major development in fact getting off the ground - the first and most important question jumps out, who is getting what and how much? All very sad, but all very true. We knew, even before the last World Cup in South Africa, that we were due to stage the next event in 2007 in the Caribbean. True enough, in our case in Grenada, a natural disaster had a major role in our situation.

Nevertheless, with that reality facing us, our Government still chose to dump a trusted and reliable friend and benefactor, who was ready and willing to commence the reconstruction three months after "Ivan" - and go after an unknown quantity, for very questionable reasons and motives. With two months of this year almost gone, and with rainfall unprecedented in our usual "Dry Season",and the "Rain Season" due to start by end of June - not to mention "Hurricane Season" - the panic buttons are being pressed all over the region. In Guyana, Jamaica and Grenada, the Governments in those territories are depending on the Chinese to complete their Stadia in time for December 2006, inspection.

But those Governments have a whole lot of additional major development projects to complete - with funds from their own coffers or Treasuries, to bring the respective stadia into "World-Cup-ready-operation". In those said countries individual economic plight, the unavoidable, and perhaps insurmountable, question is looming in their faces and Consolidated Fund balances like any other pending natural disaster. I understand that St. Vincent Prime Minister had commented on the wisdom, or lack of it, of his CARICOM counterparts - who maybe putting their people and country into a financial noose that they may not be able to get out of for decades - and the returns envisaged may well be pie in the sky or mere wishful thinking. He did not use those exact terms, but words to the effect.

Even the Barbados Prime Minister, Mr. Owen Arthur, seems very concerned about the work on his Stadium and the time table - so he has taken over the various departments functions, and centralise them under his personal control. In our case in Grenada, concerns are being raised about the time frame - in the context of the weather situation, the other jobs to be done outside the Stadium, like the approaching roads and bridges, the Hospital, the Airport, Hotel rooms and accommodation for visitors as well as supporting facilities in restaurants and other eating places.

The whole idea of staging the World Cup in 2007 would raise some funds in the period - if all the necessities are in place; but the bigger picture must be to showcase the region for needy tourism patronage thereafter. If, therefore, we fail to produce a worthwhile end product in the areas listed above - the last result may well be counter productive. It must therefore, in my view, be more sensible to come clean on the issues involved, be realistic and practical about the problems facing the country - rather than always coming out shooting from all angles, and be ever-ready to stage an open confrontation.

Whatever the detractors may say about how they see the picture now, and how they envisage the scenario unfolding later on down the road - the simple fact remains that whatever will be, will be, and time will surely tell, in the fullness of time. Far better to concentrate on doing what is right, saying it as it honestly is, and maintaining a standard that can be defended later on down the road - should a defence become necessary.

Opinions expressed are those of the Authors

 

 

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